M/S TYAGI ENTERPRISES THROUGH RAJEEV KUMAR TYAGIversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 529 BNSS No. - 4306 of 2026


M/S Tyagi Enterprises Through Rajeev Kumar
Tyagi                                                      .....Applicant(s)
                                   Versus

State Of U.P. And 3 Others
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)               :    Mohd Mohiuddin Siddiqui
Counsel for Opposite Party(s)          :    G.A.

Court No. - 78
                    HON'BLE DR. AJAY KUMAR-II, J.

1. Heard learned counsel for the applicant, learned A.G.A. for State and
perused material on record.
2. The present application has been filed by the applicant with prayer to
direct the learned trial court to decide/expedite the Complaint Case No.
879 of 2022 (M/s Tyagi Enterprises vs. Mascot Soho Homes Pvt. Ltd. and
others) under Section 138 of N.I. Act, P.S. Kavinagar, District Ghaziabad
within stipulated period.
3. Learned counsel for the applicant submits that the proceedings before
the court concerned be directed to be concluded in a time bound manner.
It is submitted by learned counsel for the applicant that matter belongs to
the year 2022, which is still pending and has not been decided till now.
Therefore, he requested that a direction to learned trial court be issued to
decide the aforesaid case within a stipulated period of time.
4. Learned A.G.A. has no objection in this regard if the Court below is not
already overloaded with huge pendency of such cases.
5. Hon’ble Apex Court in Shaikh Uzma Feroz Hussain vs. State of
Maharashtra in Writ Petition (Criminal) No. 587 of 2023 has observed
that every High Court and every Court in the country has a huge
pendency, the constitutional Court should avoid temptation of fixing a
time bound schedule for disposal of any case before any Court unless the
situation is extra ordinary.
6. Hon’ble Apex Court in High Court Bar Association, Allahabad vs.
State of U.P. and others, (2024) 6 SCC 267 has observed in paragraph
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                                    2

42, which is reproduced as under:-
“Constitutional Courts should not normally fix a time-bound schedule for disposal of
cases pending in any Court. The pattern of pendency of various categories of cases
pending in every Court, including High Courts, is different. The situation at the
grassroots level is better known to the judges of the concerned Courts. Therefore,
the issue of giving out-of- turn priority to certain cases should be best left to the
concerned Courts. The orders fixing the outer limit for the disposal of cases should be
passed only in exceptional circumstances to meet extraordinary situations.”
7. Thus, law as far as issuance of a direction for time bound/expeditious
disposal has already been well settled that only when an exceptional
circumstance is made out, a direction for time-bound/ expeditious
disposal of such a case can be issued, not otherwise.
8. Learned counsel for the applicant has failed to make out any
exceptional circumstances to issue direction for time-bound/expeditious
disposal of case, at this stage. Accordingly, relief sought by way of
present application is hereby refused.
9. Considering the nature of prayer made by counsel for the applicant, the
interest of justice would be served, in the event, the applicant applies
before the court concerned for expeditious disposal of the above
mentioned case. Therefore, applicant is given a liberty to move an
appropriate application before trial Court concerned for bringing out all
such fact, which are necessary for expeditious disposal of his case within
two weeks from today, and in case such an application is moved, the trial
Court shall decide the same within four weeks from the date of filing of
such application. If trial Court comes to conclusion that the case for
expeditious disposal is made out then in that eventuality it shall decide the
same as expeditiously as possible within a reasonable period.
10. A perusal of certified copy of order-sheet reveals that the applicant,
who is complainant in case pending before Court concerned, is
continuously appearing and case is pending for cross -examination of
PW-1. However, on several dates PW-1 remain present but his cross-
examination could not be concluded and most of time there was an
application for exemption of accused. It is bounden duty of trial Court
that when presence of accused is exempted then it has to ensure cross -
examination of the witness present in Court.
11. However, looking into the peculiar facts and circumstances of the
present case, it is expected from the learned trial Court to conduct the
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                                    pending proceedings before it strictly in accordance with Section 309
                                    Cr.P.C./ Section 346 BNSS as well as in the light of various binding
                                    directions issued by Hon’ble Apex Court from time to time regarding
                                    compliance of aforesaid section. This Court would also like to draw the
                                    attention of learned trial Court qua Explanation 2, which is reproduced
                                    herein-below:
                                    “Explanation 2. – The terms on which an adjournment or postponement
                                    may be granted include, in appropriate cases, the payment of costs by the
                                    prosecution or the accused.”



                                    12. It is also provided that in the event there is any legal impediment
                                    before the court concerned in disposal of the case, then the court
                                    concerned shall pass an appropriate order disclosing the legal impediment
                                    as to why the proceedings of the above mentioned case cannot be
                                    proceeded with.
                                    13. Accordingly, the present application is disposed of with aforesaid
                                    direction.


                                                                                     (Dr. Ajay Kumar-II,J.)
                                    September 9, 2026
                                    Dhirendra/




Digitally signed by :-
DHIRENDRA KUMAR
High Court of Judicature at Allahabad